§ 61-2-100 — Persons entitled to be licensees or permittees.

(A) The department may issue licenses and permits authorized under this title to qualifying persons. Licenses and permits may be issued only to the person who is the owner of the business seeking the permit or license. (B) The department shall initiate action to revoke any permit or license that is issued to any person who is not the owner of the licensed business or when the licensed individual or an individual principal of the licensed business is under twenty-one years of age. (C) If application is made for a license or permit under this title by a person other than an individual, all principals are deemed to be the applicant under Section 61-2-160. (D) The department may not issue a license or permit under this title to any person unless the person and all principals are of good moral character. (E) The department may not issue a license or permit under this title to an individual under twenty-one years of age or a business with an individual principal under twenty-one years of age. (F) Businesses licensed or permitted by the department under this title must designate with the department an agent and mailing address for service of notices. Any required notice may be given by handing it to the agent in person or leaving the notice at his office with a clerk or other person in charge of the office, or if there is no one in charge, leaving it in a conspicuous place in the office; or, if the office is closed or the person to be served has no office, leaving a copy at his dwelling place with a person of suitable age and discretion residing in the dwelling place; or by serving it on an employee at the licensed place of business; or by mailing it by first class mail to the agent at his last known address, postage prepaid. No person may act as agent for more than one business entity unless the person has an ownership interest in the business entities. (G) Nothing in this section may be construed to alter the effect of Sections 61-6-140 and 61-6-150. (H) As used in this title and unless otherwise required by the context: (1) "Person" includes an individual, a trust, estate, partnership, limited liability company, receiver, association, company, corporation, or any other group. (2) "Principal" of a business or entity means a person who is described in any one or more of the following terms: (a) an officer of the business or entity which owns the business; (b) a partner other than a limited partner who cannot exercise any management control; (c) a manager of the limited liability company which is managed by managers; (d) a member of the limited liability company which is not managed by managers; (e) a fiduciary, including personal representatives, trustees, guardians, committees, and receivers, who manage, hold, or control title to or who is otherwise in direct or indirect control of the business; (f) a person who owns twenty-five percent or more of the combined voting power of the business or entity; (g) a person who owns twenty-five percent or more of the value of the business entity; or (h) an employee who has day-to-day operational management responsibilities for the business or entity. (i) a license or permit may be issued to a publicly held corporation, which is deemed the applicant under Section 61-2-160 and the corporation shall designate an officer or other employee of good moral character, over the age of twenty-one and a resident of this State in whose name the permit or license must be held on behalf of the corporation and the corporation may substitute an officer or employee if the individual is of good moral character, over the age of twenty-one, and a resident of this State, and upon notice in writing of the substitution to the department. (I) The department may not issue a wholesale beer and wine permit pursuant to this title unless the applicant is a legal resident of the United States and has been a legal resident of this State and has maintained his principal place of abode in this State for at least thirty days before the date of the application. (J) A misstatement or concealment of fact on an application for a license or permit pursuant to this title is sufficient grounds for the department to deny the application and to revoke a license or permit issued based on an application containing a misstatement or concealment of fact.

Legislative History

HISTORY: 1996 Act No. 415, SECTION 1; 1998 Act No. 442, SECTION 5A; 2005 Act No. 161, SECTION 23.B.